Oproepingsbrief - Unofficial Translation _2_ AvW ... - Rechtspraak.nl

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Access/downloading of the application and accompanying documents The Enterprise Court has published the application with annexes on its website (www.rechtspraak.nl, search: Ondernemingskamer, “informatie SNS procedure”). The Enterprise Court has decided that this manner of publication is sufficient. Notice for the oral hearing The oral hearing on the application is determined to take place on 22 April 2013 at 10.00 hrs at the court session of the Enterprise Court at the Paleis van Justitie, IJdok 20 in Amsterdam. If needed, the hearing will be continued on 23 April 2013, at 10.00 hrs, or at such other date as determined during the court session. I give notice to you to attend the hearing. You are not obliged to appear. If you are representing someone else (as an attorney), I call upon you to forward this letter to that person. Submission of statement of defence Interested parties are allowed to submit a statement of defence – solely through an attorney (!) – at the court registry of the Enterprise Court ultimately on 3 April 2013 at 16.00 hrs, in nine fold. You are also allowed to appear at the oral hearing and advance your position orally there. It is not obligatory to instruct an attorney to do so. With regard to the rules how to submit a statement of defence, I refer to the Procedural Rules for Petition Proceedings in Commercial and Insolvency Matters of the Courts of Appeal (Procesreglement verzoekschriftprocedures handels- en insolventiezaken gerechtshoven) (paragraph 2.2.3) and to the website of the Enterprise Court (accessible at www.rechtspraak.nl, search term: Ondernemingskamer). A court registry fee must be paid for the submission of a statement of defence. The Enterprise Court will take care of sending statements of defence to the applicant and the other interested parties that have submitted a statement of defence. You may request that an e-version of the statement of defence (with annexes) will be published on the website of the Enterprise Court as well. The Enterprise Court has decided that making statements of defence available in this manner is sufficient. If you wish this kind of publication you should request so with the submission of your statement of defence, providing the relevant e-file at the same time. 2
Other documents and information Apart from statements of defence, other material might be submitted. These materials will - if they are made generally available - each time be published on the website of the Enterprise Court. As a rule no further material can be submitted after 15 April 2013 (see the aforementioned Procedural Rules paragraph 2.1.4.3). At that date you will find all material on the website. Court session; registration, speaking time and timely attendance The hearing will be held in public. If you intend to attend the oral hearing, you are advised to register with the Enterprise Court ultimately on 11 April 2013 at 16.00 hrs. Interested parties may advance their position orally during the court session, with or without an attorney. If you intend to do so, you are advised to explicitly state this in your registration. At the court session there is a maximum speaking time. On 12 April 2012 the Enterprise Court will publish a list of speaking time per registered party. In view of the large number of interested parties in this case, you are requested to be present at least one hour before the hearing starts. The registration desk will be opened as of approximately 9.00 hrs. Decision After the oral hearing the Enterprise Court will render its decision as soon as possible at a public court session. The date of this court session will be announced on the website of the Enterprise Court. It is not necessary to attend this court session. The Enterprise Court will publish the decision on its website on the same day. As soon as possible, parties will receive a copy of the decision at their correspondence address. More information The Enterprise Court will make more (up-to-date) information available on the website of the Enterprise Court. Yours faithfully * Anita J. van Wees, LLM Court clerk of the Enterprise Court Website of the Enterprise Court: http://www.rechtspraak.nl/Organisatie/Gerechtshoven/Amsterdam/Over HetGerechtshof/Organisatie/Pages/Ondernemingskamer.aspx * Due to the large number of notice letters this letter is not signed personally. 3
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Oproepingsbrief - Unofficial Translation _2_ AvW ... - Rechtspraak.nl

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